[gamblor956]

You would never have such litigation in the first place--there is no such tort or legal concept of "too hot".

On the other hand, if the player were to sue for negligence, then the question of whether it was "too hot" is a factual question that the jury would decide, after the lawyers present evidence for their preferred answer (and possibly evidence against the undesired answer).

The jury's finding would be a finding of "fact" as to whether it was "too hot" would apply only to that case, because their finding would necessarily depend on the specific facts of that case. Juries cannot make findings of "law", which are general principles/rules that can be applied to other cases.